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Home My WebLink AboutResolution 5218-denying variance-2004 K 3�f05 �hO►'e ��n.e �2 . ti � o � 0 � � ��.:- CITY of ORONO � : �, �, -.�;�.. �ti RESOLUTION OF THE CITY COUNCIL �t`�k'EsBo�`'�� No. �: � A RESOLUTION DENYING VARIANCES AND AN AMENDNIENT TO TH� B - 1 ZONING DISTRICT STANDARDS ALL IN CONJUNCTION WITH A COMMERCIAL SITE PLAN REVIEW TO MUNICIPAL ZONING COD� SECTIONS 78-642, 78-643-645, 78-646 (C), 78-1288 (B), 73-1403, AND 78-1516 FILE NO. 04-3029 WHEREAS, the City of Orono is a nzunicipal corporation orgailized and existing under the laws of the State of Miiuzesota; and WH�REAS, pursuant to State Statutes 412 et. Seq. and 462 et. Seq., the City COl1riC11 of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, Michael Keaveny on behalf of Richard M. Keaveny Rev. Trust, (hereinafter "the applicant") is the owner of the property located at 3423/3425 Shoreline Drive within the City of Orono (hereinafter the "City") and legally described as f�llows: Lots 1 and 2, Block 2, KEAVENY ADDITION, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota (hereinafter the"property"); and WHEREA5, the applicant has applied to the City of Orono for variances and an ainendment to the B — 1 zoning district standards all in conjunction with a cornmercial site plan review in order to construct an addition measuring 16' x 132' for an entrance onto the south fa�ade of the existing building and also to permit construction of a game room in the existing vacant garage stalls connecting to the existing bowling a11ey, requesting the following approvals: 1. Sections 78-643-645: To operate a game room out of the existing vacant garage stalls. Page 1 of 4 / � �O� O O � � CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL ��l �G~ � `�k'ESH.�4� NO. � � � 2. Section 78-642: Cominercial site plan approval for a building permit to allow construction of a 16' x 132' addition to the soutli faCade of the existing building, e�.panding the current building footprint, and interior remodeling to covert the existing vacant garage stalls into a game room. ;. Section 78-128� (B): Variance to permit 90% hardcover within 1000' of Lake Miruzetonka when 25% hardcover is permitted in the 75' — 250' zone, 30% in the 250' —500' zone and 35%in the 500' — 1000' zone. 4. Section 78-1403: Variance to permit 23% Lot Coverage by Structures when 15% is normally perinitted and 20% currently e�ists. 5. Section 78-646 (C): Variance to pennit a front yard setback for parking of 10 feet from Shoreline Drive where 20 feet is normally required. 6. Sectioil 78-1516: Variance to parking stall requireinent where City Ordinance would require 133 stalls and only 104 stalls are proposed. WHEItEAS, the City Council has reviewed the application; the recommendation of the City staff and Planning Conunission; and the coinments and written statements submitted by the applicant. NOW, THEREFORE BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested coinmercial site plan review with associated variances and an amendment to the B — 1 zoning district standards as described above based on one or inore of the following findings of fact concerning this property: 1. The proposed game rooin use is not permitted under the permitted, conditional, or accessory uses sections of the B — 1, Retail Sales Business District; an amendment to the B — 1 standards, which is not supported by the Planning Commission or City Council, would be required in order to permit the gaine room. 2. The proposed addition, measuring 16' x 132', would constitute an expansion of the existing non-conforming use, which is the bowling alley. 3. The property is in close proximity to the residential neighborhood to the south. The proposed addition and entrance to the proposed game room would Page 2 of 4 � o� � 0 0 � CITY of ORONO T! �ry.. G� •1 RESOLUTION OF THE CITY COUNCIL ��L ��'~ � �k'ESII�4� NO. � �? � � . have directly abutted the adjacent residential neighborhood and would potentially have created negative impacts to the neighborhood. 4. The granting of the requested variances would be contrary to the provisions of Municipal Zone Code Section 78-123 with which the applicant must first comply in order that variances are granted. The Council finds that: a. The property in question can be put to a reasonable use if used under the conditions allowed by the official controls if the proposed variances were not granted. b. The plight of the landowner was created by the landowner, in that the need for parl:ing variances is directly related to the proposed use of the site. c. Granting of commercial site plan approval, associated variances, and amendment to the B — 1 zoniiig district standards would appea.r to serve as a convenience to the applicant and the applicant has not demonstrated sufficient reasonable hardships or practical difficulties acceptable to the City Council. d. The conditions of the Zoning Code limits imposecl and existing on this property generally apply to all other land and structures in the zoning district in which this proper�y is located. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed commercial site plan review and associated variances on the health, safety and welfare of the community. Adopted by the Orono City Council on the 9th day of August, 2004. ATTEST: _. ___ ... r , .__..,,...,...,.,�. / �;' `i ,i/"��^ �4'�LV � V ..-cc-C� � .�_.LwL'✓ <'� `"�Linda S. Vee, City Clerk Baxbara A. Peterson,Mayor Page 3 of 4 . ! O � _ Y O O � :. �, CITY of ORUNO ti ti RESOLUTION OF THE CITY COUNCIL �t`�kEsA��G NO. � � � � STATE OF MINNESOTA COUNTY OF HENNEPIN > .S� ,�. The foregoing instrument was acknowledged before me on this f day of �'` ' " :^ 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota ��:�-`� .,/ �,•,� iiiumci pal cor poration and said instrument was executed on behalf of the City. � � :,. � � �---� /� �t_��(�'c;� � �� _ �_ � , � ..,,.,, .��.�.. ``" '" � Notary Public r �,-'�!'6��L DOa�E � � NOTl+'.?YFUf3LIC-MiN��SOTA� �, % h�y Cummossion Expires Jan.39,2C�; , -,--<-�•,-` ;�...;== `'c"-"'�""'-'-.. STATE OF MINNESOTA COUNTY OF HENNEPIN �� {- The foregoing instruinent was acl:nowledged before me on this %` `'� day of '��',•;�.t��}�'-;�2 0 Q 4 by Lin da S. Vee, City Clerlc of the City of Orono, a Minnesota �inunicipal corporation and said instrument was executed on behalf of the City. ��• . �l--. ..,-.e,�,-;.�.�"..�'�� . �i ' � .. _,_,�,n ; . � ; �.. . � s ( , �,. �;eLCI�'r,,�' r: � � ,_ .. �C_. , .(..(''� t�_ ..r',. , ``' =r � �' X ' PJ7(r�'"G"Jr�IIC•4�'i'�'' ��;CJTA '�' �, F,+,�Ccrru-n�ss+onEzW�esJan �t,2��: r: Notary Public ,...,.;.,.�, ��,�.;s�,-.-�,-.....:��,:;- .. ��. Page 4 of 4